Bethany Ao analyzes case law confronting the question of "whether the PREP Act preempts state tort law when plaintiffs raise wrongful death claims related to COVID-19."
Tag: federal courts
Stephen Vukovits argues that Kennedy v. Bremerton School District's treatment of the Lemon test means that, for purposes of standing, courts should now "recognize that merely being offended by an alleged government endorsement of religion does not constitute a concrete and particularized injury-in-fact."
Nicholas Hallock shows how the federal diversity-jurisdiction statute can accommodate the modern reality of companies with no physical presence at all.
According to David Zaring, President Trump's judicial appointees are younger and spent less time in private practice—and more in politics—than past administrations' appointees.